Fair Work Act. Australia

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СКАЧАТЬ under a law of the State, by the Governor of the State or by a Minister of the State; or

      (e) any other employer in the State of a kind specified in the regulations;

      and includes a holder of an office to whom subsection 30E(2) applies.

      transition reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30B(5).

      (2) Words or phrases in the definition of excluded subject matter in subsection (1), or in the definition of referred subject matters in subsection (1), that are defined in this Act (other than in this Division) have, in that definition, the meanings set out in this Act as in force on 1 July 2009.

      30B Meaning of referring State

      Reference of matters by State Parliament to Commonwealth Parliament

      (1) A State is a referring State if the Parliament of the State has, before 1 July 2009, referred the matters covered by subsections (3), (4) and (5) in relation to the State to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:

      (a) if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and

      (b) if and to the extent that the matters are included in the legislative powers of the Parliament of the State.

      This subsection has effect subject to subsection (6).

      (2) A State is a referring State even if:

      (a) the State’s referral law provides that the reference to the Parliament of the Commonwealth of any or all of the matters covered by subsections (3), (4) and (5) is to terminate in particular circumstances; or

      (b) the State’s referral law provides that particular matters, or all matters, relating to State public sector employees, or State public sector employers, of the State are not included in any or all of the matters covered by subsections (3), (4) and (5); or

      (c) the State’s referral law provides that particular matters, or all matters, relating to local government employees, or local government employers, of the State are not included in any or all of the matters covered by subsections (3), (4) and (5).

      Reference covering referred provisions

      (3) This subsection covers the matters to which the referred provisions relate to the extent of making laws with respect to those matters by amending this Act, as originally enacted, to include the referred provisions.

      Reference covering amendments

      (4) This subsection covers the referred subject matters to the extent of making laws with respect to those matters by making express amendments of this Act.

      Reference covering transitional matters

      (5) This subsection covers making laws with respect to the transition from the regime provided for by:

      (a) the Workplace Relations Act 1996; or

      (b) a law of a State relating to workplace relations;

      to the regime provided for by this Act.

      Effect of termination of reference

      (6) Despite anything to the contrary in a referral law of a State, a State ceases to be a referring State if any or all of the following occurs:

      (a) the State’s initial reference terminates;

      (b) the State’s amendment reference terminates, and neither of subsections (7) and (8) apply to the termination;

      (c) the State’s transition reference terminates.

      (7) A State does not cease to be a referring State because of the termination of its amendment reference if:

      (a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and

      (b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and

      (c) that State’s amendment reference, and the amendment reference of every other referring State (other than a referring State that has terminated its amendment reference in the circumstances referred to in subsection (8)), terminate on the same day.

      (8) A State does not cease to be a referring State because of the termination of its amendment reference if:

      (a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and

      (b) the day fixed is no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published; and

      (c) the Governor of that State, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, this Act:

      (i) is proposed to be amended (by an amendment introduced into the Parliament by a Minister); or

      (ii) has been amended;

      in a manner that is inconsistent with one or more of the fundamental workplace relations principles.

      (9) The following are the fundamental workplace relations principles:

      (a) that this Act should provide for, and continue to provide for, the following:

      (i) a strong, simple and enforceable safety net of minimum employment standards;

      (ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;

      (iii) collective bargaining at the enterprise level with no provision for individual statutory agreements;

      (iv) fair and effective remedies available through an independent umpire;

      (v) protection from unfair dismissal;

      (b) that there should be, and continue to be, in connection with the operation of this Act, the following:

      (i) an independent tribunal system;

      (ii) an independent authority able to assist employers and employees within a national workplace relations system.

      3 °C Extended meaning of national system employee

      (1) A national system employee includes:

      (a) any individual in a State that is a referring State because of this Division so far as he or she is employed, or usually employed, as described in paragraph 30D(1)(a), except on a vocational placement; and

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